On November 6, the Constitutional Court announced the ruling in which it considered a question of unconstitutionality promoted by the Social Chamber of the Superior Court of Justice of Catalonia and declared arts unconstitutional. 48.4 of the Workers’ Statute – ET – and 177 of the General Law of Social Security – LGSS -, remembering that it is up to the legislator, in use of his freedom of normative configuration and in light of his specific democratic legitimacy, to carry out, from this Judgment, the pertinent modifications. But it also determines that, as long as the legislator does not rule on the matter, in single-parent families the permission referred to in arts. 48.4 ET and 177 LGSS must be interpreted in the sense of adding to the leave of the biological mother (16 weeks), the one provided for a different parent (10 weeks, excluding the first 6, which must necessarily be enjoyed uninterruptedly and immediately after at birth). And it also adds that, due to the requirements of the constitutional principle of legal certainty, situations that have already been definitively decided, judicially or administratively, cannot be reviewed based on said ruling.
This ruling has the concurrent dissenting vote of two members of the TC who consider that only the legislator can determine, where appropriate, the extension of these permits in single-parent families, remembering that legislative initiatives in this regard are already being processed.
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